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Where a contractor explicitly disclaimed responsibility for engineering of second floor additions creating snow load on existing roof structures, the court held that the contractor did not breach any implied warranty although certain building codes were apparently violated. In the case of Associated Builders, Inc. v. Oczkowski, 801 A.2d 1008, 2002 ME 115, the Oczkowskis [...]
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Subcontractor Not Bound By Its Bid
Contract - Not Signed,Subcontract Bid,Subcontract Dispute
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A masonry subcontractor was not bound by its bid to the general contractor, despite the general contractor’s reliance upon it, since the subcontractor reasonably objected to terms and conditions of the written subcontract which it refused to sign. What was objectionable to the subcontractor was a time-of-the essence clause requiring it to meet a strict [...]
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Contractor Recovers More in Quantum Meruit Than it Would Have Under a Void Contract
Breach,Contract - Not Signed,contract void,Quantum Meruit
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Engineer that performed feasibility planning and design services for a City’s new water treatment facility was replaced by the City by another engineer, and was not paid for its work nor allowed to complete the project. The trail court awarded the engineer damages for the City’s breach of contract. The city appealed the verdict. It [...]
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Quantum Meruit Recovery by Contractor Against Cher
Breach of Contract,Contract - Not Signed,contract voidable,Quantum Meruit
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Contractor began construction on a $4.2 million home for Cher (movie star and singer/entertainer) based on a oral agreement that Cher would execute a written contract that had allegedly been negotiated between the parties. Although Cher is alleged to have promised to sign the contract, she never signed it. The contractor performed work under the [...]
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